Lee et al v. Cincinnati Capital Corporation
Plaintiff: Owen V Lee and Heather Lee
Defendant: Cincinnati Capital Corporation and Joseph Engelhart
Case Number: 2:2019cv12133
Filed: July 22, 2019
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Sean F Cox
Referring Judge: R Steven Whalen
Nature of Suit: Real Property: Foreclosure
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 20, 2020 Filing 35 NOTICE of Appearance by Cynthia M. Filipovich on behalf of All Plaintiffs. (Filipovich, Cynthia)
February 20, 2020 Filing 34 AMENDED ANSWER to Complaint #8 Amended Complaint with Affirmative Defenses , COUNTERCLAIM filed by Cincinnati Capital Corporation against Heather Lee, Owen V Lee by Cincinnati Capital Corporation. (Clark, Andrew)
February 20, 2020 Opinion or Order Filing 33 ORDER Regarding Motions Pertaining to Proposed Scheduling Order. (Proposed Scheduling Orders and Motions due by 3/6/2020, Responses due by 3/19/2020) Signed by District Judge Sean F. Cox. (JMcC)
February 18, 2020 Filing 32 NOTICE TO APPEAR: Scheduling Conference set for 3/5/2020 at 10:00 AM before District Judge Sean F. Cox (JMcC)
February 18, 2020 Minute Entry for proceedings before District Judge Sean F. Cox: Scheduling Conference held on 2/18/2020. (JMcC)
February 18, 2020 Filing 31 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Asimakis, William)
February 3, 2020 Filing 30 NOTICE TO APPEAR: Re-Scheduled Scheduling Conference set for 2/18/2020 at 02:30 PM before District Judge Sean F. Cox (Zaidel, B)
January 30, 2020 Filing 29 ANSWER to Amended Complaint with Affirmative Defenses by Cincinnati Capital Corporation. (Clark, Andrew)
January 30, 2020 Filing 28 NOTICE of Appearance by Andrew Clark on behalf of Cincinnati Capital Corporation. (Clark, Andrew)
January 16, 2020 Opinion or Order Filing 27 OPINION AND ORDER Granting in Part #17 Motion to Dismiss; Granting #19 Motion to Dismiss. Signed by District Judge Sean F. Cox. (JMcC)
January 9, 2020 Minute Entry for proceedings before District Judge Sean F. Cox: Motion Hearing held on 1/9/2020 re #19 MOTION to Dismiss filed by Joseph Engelhart, and #17 MOTION to Dismiss filed by Cincinnati Capital Corporation. Disposition: Motions taken under advisement (Court Reporter: Jodi Matthews) (JMcC)
December 6, 2019 Opinion or Order Filing 26 STIPULATION AND ORDER Permitting Substitution of Attorney. Signed by District Judge Sean F. Cox. (JMcC)
December 4, 2019 Filing 25 NOTICE of Appearance by Michael P. Hindelang on behalf of Cincinnati Capital Corporation, Joseph Engelhart. (Hindelang, Michael)
October 21, 2019 Filing 24 REPLY to Response re #19 MOTION to Dismiss and Certificate of Service filed by Joseph Engelhart. (Jacobs, Steven)
October 15, 2019 Filing 23 REPLY to Response re #17 MOTION to Dismiss Brief in Support of Motion and Certificate of Service filed by Cincinnati Capital Corporation. (Jacobs, Steven)
October 7, 2019 Filing 22 RESPONSE to #19 MOTION to Dismiss and Certificate of Service filed by Heather Lee, Owen V Lee. (Stawasz, Bethany)
October 1, 2019 Filing 21 RESPONSE to #17 MOTION to Dismiss Brief in Support of Motion and Certificate of Service filed by Heather Lee, Owen V Lee. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Stawasz, Bethany)
September 24, 2019 Filing 20 NOTICE OF HEARING on #17 MOTION to Dismiss and #19 MOTION to Dismiss. Motion Hearing set for 1/9/2020 at 02:00 PM before District Judge Sean F. Cox (JMcC)
September 16, 2019 Filing 19 MOTION to Dismiss by Joseph Engelhart. (Attachments: #1 Index of Exhibits, #2 Exhibit A Mortgage recorded October 13, 2005, in Liber 43634, Page 852, Wayne County Records, #3 Exhibit B - Second Future Advance Mortgage, recorded October 13, 2005, in Liber 43634, Page 873, Wayne County Records, #4 Exhibit C - Home Equity Line of Credit, #5 Exhibit D - Mortgage to Main Street Bank, recorded December 7, 2005, in Liber 44193, Page 59, Wayne County Records, #6 Exhibit E - Loan Billing Statement, #7 Exhibit F - FDIC Correspondence, #8 Exhibit G - Assignment of Mortgage recorded June 18, 2009, in Liber 47983, Page 350, Wayne County Records, #9 Exhibit H - Loan Record Inquiry) (Jacobs, Steven)
September 16, 2019 Filing 18 NOTICE of Appearance by Steven A. Jacobs on behalf of Joseph Engelhart. (Jacobs, Steven)
September 11, 2019 TEXT-ONLY NOTICE: Scheduling Conference on 9/24/2019 is Adjourned Without Date. (JMcC)
September 10, 2019 Filing 17 MOTION to Dismiss Brief in Support of Motion and Certificate of Service by Cincinnati Capital Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit A Mortgage recorded October 13, 2005, in Liber 43634, Page 852, Wayne County Records, #3 Exhibit B - Second Future Advance Mortgage, recorded October 13, 2005, in Liber 43634, Page 873, Wayne County Records, #4 Exhibit C - Home Equity Line of Credit, #5 Exhibit D - Mortgage to Main Street Bank, recorded December 7, 2005, in Liber 44193, Page 59, Wayne County Records, #6 Exhibit E - Loan Billing Statement, #7 Exhibit F - FDIC Correspondence, #8 Exhibit G - Assignment of Mortgage recorded June 18, 2009, in Liber 47983, Page 350, Wayne County Records, #9 Exhibit H - Loan Record Inquiry, #10 Exhibit I - Procopio v Guaranteed Rate, Inc., 2011 U.S. Dist. LEXIS 46273 *18 (E.D. Mich. 2011); Benchick v Loanstar Lending, Inc., 2011 U.S. Dist. LEXIS 87505, at *11 (E.D. Mich 2011); Jackson v FDIC, 2010 U.S. Dist. LEXIS 14619, *14; and, Bonner v Amtrust Bank, 2012 U.S. Dist. LEXIS 89789) (Jacobs, Steven)
September 5, 2019 Filing 16 CERTIFICATE of Service/Summons Returned Executed. Joseph Engelhart served on 8/26/2019, answer due 9/16/2019. (Asimakis, William)
August 29, 2019 Opinion or Order Filing 15 STIPULATION AND ORDER Staying the Foreclosure and Sale of Property throughout Pendency of Lawsuit or Order of the Court. Signed by District Judge Sean F. Cox. (JMcC)
August 29, 2019 TEXT-ONLY NOTICE: Status Conference on 9/3/2019 is Cancelled (JMcC)
August 27, 2019 Opinion or Order Filing 14 ORDER re #11 Emergency MOTION for Preliminary Injunction. (Status Conference set for 9/3/2019 at 08:00 AM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)
August 27, 2019 Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 8/27/2019. (JMcC)
August 23, 2019 Filing 13 NOTICE TO APPEAR: Status Conference set for 8/27/2019 at 02:00 PM before District Judge Sean F. Cox (JMcC)
August 23, 2019 Filing 12 MOTION to Expedite Treatment of their Emergency Motion for a Preliminary Injunction to Preserve the Status Quo and to Enjoin the Foreclosure and Sale of their Residential Property Scheduled for September 12, 2019 by All Plaintiffs. (Asimakis, William)
August 23, 2019 Filing 11 Emergency MOTION for Preliminary Injunction to Preserve the Status Quo and Enjoin the Foreclosure and Sale of their Residential Property Scheduled for September 12, 2019 by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Warranty Deed, #3 Exhibit 2 - Recorded Mortgage, #4 Exhibit 3 - FDIC Failed Bank Information, #5 Exhibit 4 - Closed Loan Sales, #6 Exhibit 5 - Foreclosure Letter, #7 Exhibit 6 - State Court TRO, #8 Exhibit 7 - July 31 2019 Email, #9 Exhibit 8 - Aug 15 2019 Email, #10 Exhibit 9 - Foreclosure Letter, #11 Exhibit 10 - Relevant Provisions of SMLA, #12 Exhibit 11 - Credit Reform Act, #13 Exhibit 12 - Stokes v Millen Roffing, #14 Exhibit 13 - Windisch v Mortgage Sec. Corp. of America, #15 Exhibit 14 - Declaration of Owen Lee) (Asimakis, William)
August 21, 2019 Filing 10 SUMMONS Issued for *Joseph Engelhart* (KBro)
August 21, 2019 Filing 9 [Documents did not upload] SUMMONS Issued for *Joseph Engelhart* (KBro) Modified on 8/21/2019 (KBro).
August 19, 2019 REQUEST for SUMMONS for Joseph Engelhart. (Asimakis, William)
August 19, 2019 Filing 8 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Asimakis, William)
August 16, 2019 Filing 7 NOTICE of Appearance by Courtney L. Rosenau on behalf of All Plaintiffs. (Rosenau, Courtney)
August 12, 2019 Filing 6 NOTICE TO APPEAR: Scheduling Conference set for 9/24/2019 at 02:15 PM before District Judge Sean F. Cox (Zaidel, B)
August 6, 2019 Filing 5 ATTORNEY APPEARANCE: William G. Asimakis, Jr appearing on behalf of All Plaintiffs and Certificate of Service (Asimakis, William)
July 29, 2019 Filing 4 CERTIFICATE OF SERVICE re #3 Statement of Disclosure of Corporate Affiliations by Cincinnati Capital Corporation (Jacobs, Steven)
July 29, 2019 Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Cincinnati Capital Corporation (Jacobs, Steven)
July 29, 2019 Filing 2 ANSWER to Complaint with Affirmative Defenses and Certificate of Service by Cincinnati Capital Corporation. (Jacobs, Steven)
July 22, 2019 Filing 1 NOTICE OF REMOVAL by Cincinnati Capital Corporation from Wayne County Circuit Court, case number 19-008708-CH. Receipt No: 0645-7331673 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - Assessed Value, #3 Exhibit B - Complaint, #4 Exhibit C - Notice of Filing Notice of Removal) (Jacobs, Steven)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Michigan Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Lee et al v. Cincinnati Capital Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Owen V Lee
Represented By: Courtney L. Rosenau
Represented By: William G. Asimakis, Jr.
Represented By: Bethany G. Stawasz
Represented By: Cynthia M. Filipovich
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Heather Lee
Represented By: Courtney L. Rosenau
Represented By: William G. Asimakis, Jr.
Represented By: Bethany G. Stawasz
Represented By: Cynthia M. Filipovich
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cincinnati Capital Corporation
Represented By: Steven A. Jacobs
Represented By: Andrew Clark
Represented By: Michael P. Hindelang
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joseph Engelhart
Represented By: Steven A. Jacobs
Represented By: Michael P. Hindelang
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?